[from Mills' Statutes, 1821]

 

INSULA MONAE

}

Apud Castrum de Rushen,
xxxo, die Octobris, 1643.

Whereas before this Time, at Peele Town, the xviith Day of July 1643, before the Right Honourable James Earl of Derby, Lord of the said Isle, &c., the Officers Spirituall and Temporall, with the 24 Keyes of the. said Island, and four Men of every Parish, were assembled together to advise and consider of certain Grievances of the Church and Commons of the said Isle, laid down and expressed in and by their several Petitions and Complaints unto his Lordship, and to study and devise such convenient Remedy and Redress therein as might or may best stand with the Maintenance and Preservation of his Lordship's Royalties, Rights and Prerogatives of and within the said Island, the Good and Welfare of the Church and Commons of the same, and the Peace and Safety of the whole State in general; at which Place and Day it was mutually condescended and agreed unto by all Parties, as well Complainants as Defendants, and it was their humble Desires, that his Lordship should chancelarise, order, and decide, all and every their Matters and Business of Complaint or Agrievance whatsoever, as in his Honour's Wisdom shall be thought Meet and [99] Convenient. To which Order, Doom, and Decree, every of them, viz. the Reverend Father in God Richard Lord Bishop of this Isle, with his Officers Spirituall, and the Body of the Clergy, the said twenty-four Keyes of the Island, with the four Men of every Parish, in the Name of themselves and of the whole Commons of the Isle, by whom they were chosen and thither sent for that Purpose, did condescend and agree for them, their Heirs and Successors, to stand, to perform, and abide such his Lordship's Order, Doome, and Decree therein, as should be thereafter published and declared under his Honour's Hand and Seale. To which End and Purpose, and for the more perfect, more ready, and good Performance of the Business, according to Justice and Equity, his Honour (being willing to understand the true State of all their Causes and Grievances) was gratiously pleased to give Order, that a select Jury or Grand Inquest of twenty-four Men, newly chosen, whereof 12 of the 24 Keyes to be Part, and 12 of the four Men of the Parishes there Present, should be impannelled and sworn to find out and present all such, Wrongs or Abuses as have been comitted or acted against his Lordship's Prerogative, the Lawes of the Island, or the Good of the Comonaltie, as by the Tenor, Form, and Effect of the Oath then administered unto them by Ewan Christian Esquire, one of the Deemsters of the said Isle, more plainly appeareth; which Oath was verbatim as followeth:

You shall truly and faithfully proceed and prevent all such Wronges and Abuses, as have been committed and acted against the Lord's Prerogative, the Lawes of the Island, and the Good of the Commonaltie; all which you shall by virtue of your Oath, maintaine and defend.

You shall, without Malice, Favor, or Affection, give in a true Answer according as Cases shall (by sufficient Proofs and Testimonys, Records or any other legall Manner) be made appear. So God you help, and his Holy Word contained in this blessed Book.

 

The Names of the said 12 chosen out of the 24 Keyes are,

 

John Stanley,

John Moore,

 

Thomas Crellin,

William Crayne,

 

Thomas Huddleston,

Sam. Ratcliff,

 

Hen. Callcott,

William Standish,

 

William Tyldesly,

John Teare, and

 

William Cloage,

John Caine.

[100]

The Names of the said 12 chosen out of the four Men of the Parishes are,

 

William Moore,

Dollin Clark,

 

William Brew, jun.

Nich. Moore,

 

Ro. Crowe,

Edward Shimin,

 

Richard Cowle,

Hen. Gawne,

 

William Qualtrough,

Wm. Caighan, and

 

William Teare,

Finloe Kelly.

All of which, as one Grand Enquest or Jury of Presentment, do find and present upon their Oathe certain Prooffs and Examinations which they had taken upon the Petitions of the several Parishes, the most of which did concern particular Abuses of the Clergy, by particular Ministers and Proctors, in the collecting of their Tithes and Duties to the Church, contrary to the known Lawes and Orders of the Island: Whereupon his Lordship gave Order, that the Clergy and Proctors should make their Answers, and plead their Defence against such the Complaints of the Country; which accordingly they have done, and have given his Lordship such Satisfaction therein, with Promise of Reformation, for future Times, and have made and offered also to his Lordship such feizable Reasons of their just Grievances against the Comonaltie, that his Lordship (for Preservation of Love and Unity betwixt the Clergy and Commonaltie for Time to come) thinkes fitt that those Matters of particular Grievances on both Parts shall be no more remembered: Nevertheless if any of the Parties grieved think good hereafter to prosecute their Grievances and put them to a Tryal, his Honour will take Paines, to give his especial Order therein for Relief of the wronged Partie.

And, whereas amongst other the Complaints of the Country, some particular Matters concerning the generall Good are most considerable of Reformation and Determination, his Honour was graciously pleased to assemble the Clergy and 24 Keyes of the Island, with the four Men of every Parish, to meet this Day, being the 30th day of October 1643, as aforesaid, at his Castle of Rushen, where accordingly they did appear, and then and there upon their ensuing Business, (agittated and disputed before his Lordship) betwixt the Clergy and Proctors upon the one Part, and the said xxiiij Keyes and four Men of the Parishes in Behalfe of the Countrey upon the other Part, his Lordship doth order and declare as followeth: [101] First, That whereas when there are diverse Children left under Age, and Executors by their dead Parents Wills, if any of them shall dye before he or she comes to the Age of xiiij Years, (which is the full Age the Law requires before such Infant can dispose of his Goodes by Will or otherwise,) the Goodes of such Infant falls by Law to the rest of its Brothers and Sisters: Yet notwithstanding the Church have used to make a Decree of this Child's Goodes, and for the same takes a Fee of three Shillings four Pence for decreeing the Goodes to its Brothers and Sisters, which is needless, (as is argued by the Countrey,) the same falling upon by Law at aforesaid, without any Decree, his Lordship therefore hereby ordereth, that the Church shall take noe more but vjd. for the taking Notice of, and making of the Decree for and concerning such a Child's Goods being under Age as aforesaid.

Itm. Whereas it is a Complaint of the Country, that the Lord of the Island makes Clearkes of the Parishes by his speciall Grants, whereas the Parishioners pays the Cleark his Dues, his Lordship is gratiously pleased that the Parishioners and the Parson or Viccar of the Parish shall have the Nomination of the Clearkes, and the Bishop or Ordinary to have the Allowance or Approbation of him for his Sufficiency and Abillity to perform the Place; and this Order to take effect after the Time of the Grants in being be expired, which have been heretofore made by his Lordship or his Ancestors.

Itm. Whereas it is complained of, that the Ministers of the Parishes have taken xijd. for the writing of a Decedts Will, whereas the Party himself, or his Friend for him, would have written it for little or nothing; and that the Church have sometimes refused to accept of and prove such Wills, except they were made and written by the Minister's Hand; his Lordship's Order is, That every Man may make, or cause to be made, his own Will, by whom he shall please to direct; and if he desire the Minister to make it, that he shall agree with the Minister as he can for the Writing thereof, and not otherwise.

Itm. Whereas when a Man dyes intestate his Goodes, by the Law, ought to fall to his Children unmarried equally amongst them. Yet, contrary to this, the Church sometimes use to decree the whole Teame of Oxen and the Cropp of Corne to the eldest Son, which commonly is more worth than all the rest of the Goods; it is therefore ordered by [102] his Lordship, That if the Church shall hereafter make any such Decree in favor to the eldest Sonn, to the Wrong of the rest of the younger Children, that Decree shall be void, and the Goods to go equally amongst all the Children according to the Law.

Itm. Whereas it is a great Complainte of the Countrey, that the Clergy and Proctors use to take viijs. for a Corspresent out of a Deceadts Goods of the Value of iiijl. and proportionably after that Rate forth of Goodes under that Value, it is ordered by his Lordship, That noe Corpspresent shall be hereafter taken by the Clergy or Proctors of Spirituall Livings of any Deceadent's Goods under the Value of vjl. xiijs. iiijd.; and of that Value, and under the Value of xxl., they shall take but xxd. for the Corpspresents; and if the Goodes be of the Value of xxl. and under the Value of xll., they shall take for the Corpspresents but iijs. 4d.; and out of goodes of the Value of xll. and above, they shall take vjs. iiijd. and no more, be the Goodes of what Value soever they may be; and that none shall pay a Corpspresent but such as at the Time of his or her Death were Housekeepers and Masters of a Family; and that no Infant or Child under the Age of fourteen Years, nor no Woman under the Covert Baron, shall pay any Corpspresent; and if any Clergyman or Proctor take more for a Corpspresent, or otherwise than as aforesaid, he shall forfeit so much in Value as he shall, take above the Summ before limitted, and also vjs. viijd. to the Party grieved, to be recovered by Accon of Debt at the Common Law; but it shall be lawful for any Spirituall Person to take any Summe, or other Thing, which by any Person dyning shall be given or bequeathed unto him.

Itm. Whereas it is a greate Complainte of the Country, that by the Spirituall Lawes here they are forced to pay Tyth Butter and Tyth Cheese, which is called the Milk Tythes; and in the Payment thereof there is an undecent Order in paying it on the Sabbath Day upon the Alter in the Church, where there often falls out great Contention betwixt the Minister and Proctors on the one Part and the People that pay the same on the other Part; and sometimes the People are put to their Oathes for such Things, upon trivial Matters; which Kind of Tything is much out of Use in most Parts of the King's Dominions; his Lordship therefore orders, That from henceforth no more Tyth Butter or Cheese shall be paid in Manner as aforesaid; but in lieu thereof the Farmers, Cotlers, and all others who ought [103] to pay such Tythes, shall at Easter, when the Accompt for their other Dutys to the Church, pay iiijd. for every Cow which has a Calf that Yeare, and ijd. for every Farrow Cow which had no Calfe, but gave Milk since the Easter before, and one Penny out of every four Milk Sheep, and jd. out of every two Milk Goates; the Viccars of Thirds and Pentioners, who were used to have a choice Cheese, they to have in lieu thereof the Moneys due for the Tyth Cheese, and Butter of a choice House in the Parish, and the Sumner likewise.

Itm. Whereas there hath been, and it is a great Complainte made by the Countrey, for the Losses they have suffered by the Ministers and Proctors not coming in due Time to take the Tyth of their Corne, whereby the Farmers have sometimes lost their own Corne, not daring to draw or lead the same before the Proctor or Minister come to take away their Tyth; his Lordship therefore, for Prevention of such Inconveniences, doth order and decree, That from henceforth the Parson, Viccar, and Proctor of every Parish, shall acquaint the several Farmers of the Parishes with the Names of his or their Under Proctors or Deputies, who are to receive their Tythes; and this shall be done in the Month of July before the Harvest beginn; and when the Time of Harvest is come, the Farmer shall give Notice to him or them who are to have and receive their Tyth Corne the Evening or Day before such Farmer intends to lead his Corne; and then if the Parson, Viccar, or Proctor, or his or their Under Proctors, come not to take the Tyth of the Farmer's Corn according to the Warning given, the Farmer to take two Neighbours to justify with him that he hath left his due Tyth: This Warning to be given by the Farmer as aforesafd, shall be given at the Parsonage, Viccarage, or Proctor's House, who is to receive the Tythes, if there be any such in the Parish; and if it be a Stranger of another Parish, or Layman of the same Parish, shall, before the Time of Harvest, acquaint the Farmer at what House in the same Parish the Farmer shall give or leave such Notice, that his Corne is ready for leading, or that he intends to lead; and the like Order for Tyth Hay is to be observed.

Itm. Whereas it is complained of by the Comonaltie against the Ordinary, and his Spirituall Officers, that Orphans Goods and just Debts to Creditors are not, and have not been sufficiently secured by their Court; by Means [104] whereof diverse poor People being left Orphants and many others, who had just Debts owing to them by the Deceadents, have mightily suffered in their Estates; his Lordship therefore doth order, that the Goods of the Deceadent, according to the Inventory, shall be made good by the Ordinary, or his Spirituall Officers, if he or they upon the proving of the Will, or making of the Decree where no Will was made, do not, or shall not take sufficient Security for the same.

And whereas there is a Controversy betwixt the Clergy and Proctors upon the one Part, and the Comonalty upon the other Part, concerning the Payment of some other Tythes and Dutyes, as Tyth Wool and Tyth Fish, Clerk Silver Fees for Probation of Wills, and the Sumners Dues, and this upon a pretended Record produced by the Comonalty of the Year 1541 which Record hath this Day been in open Court deliberately discussed and argued pro et contra, by both Partyes, before his Lordship, and there adjudged of no Validity, on diverse good Reasons; his Lordship doth therefore order and declare, That the said Record be of no Force or Effect hereafter to be pleaded in Way of Barre to the Book of the Spirituall Statutes enrolled in the Statute Book of this Island; and that therefore the Lawes and Orders positively made, and in that Book recorded, shall be from henceforth duly and truly observed in all Things, till some other Law, Statute, or Ordinance shall be aggreed upon, to the contrary.

And whereas there is an undecent and irreverent Use in this Island by the Proctors and Clergy, when they collect their small Tythes and Offering Money at Easter, they demand the same at the Time the People are to receive the Communion, and sometimes will stop the People from receiving the Blessed Sacrament, because they have not paid their Duties; his Lordship therefore ordereth, That the Proctors and Ministers to whom such small Tythes and Oblacions belong, shall sitt in the Parish Church upon Monday and Tuesday in Easter Week after the People have received the Communion, there to receive their Dues; and whosoever shall not pay their Dues to them upon one of those Days, the Ministers and Proctors shall proceed against them by Way of Citation before the Ordinary or his Officers: And his Lordship thinkes fitt, that the Minister or Proctor in such Cases of willfull Neglect by the People in not paying their Dues, shall have the speediest [105] and strictest Course, that may be from the Ordinary for the Recovery thereof.

In Witness the said James Earle of Derby hath hereunto put his Hand and Seale of Armes the Day and Yeare first above written.

JAMES DERBY.

Consented unto and witnessed by us whose Names are subscribed:

   

Rich. Sodor and Mann,

 

John Greenehalgh,

Hugh Cannell,

 

Ewan Christian,

Robert Parr,

 

Robert Quaile,

Robert Allen,

 

John Sharples,

James Moore,

 

William Smith,

Robert Norris,

 

John Cannell,

John Cosnahan,

 

John Christian,

Tho. Parr,

   

John Harrison.

 

The Twenty-Four Keyes:

 

John Stanley,

William Tyldesley,

 

John Curghey,

Thomas Banks,

 

Tho. Huddleston,

John Moore,

 

Hen. Callcott,

William Clague,

 

Thomas Crellin,

John Cæsar,

 

Phill. Moore,

David Christian.

 

Richard Stevenson,

William Craine,

 

Will. Christian,

John Craine,

 

John Garrett,

Robert Quayle,

 

John Christian,

Robert Barry.

 

William Standish,

 
 

Four Men of the Parishes:

 

Trint. Rushen.

John Cowle

 

Hen. Gawn

David Christian.

 

Nich. Clague,

Kirk Andreas.

 

William Gawn,

John Kee,

 

Hen Nelson.

William Brew, Jun.

 

Trint. Ayre

John Lace.

 

Robert Crow,

Jurby.

 

Nich. Corlet,

Dollin Clark,

 

William Stevenson,

Lonnon.

 

Ewan Curphey.

Dan Qualtrough,

 

Kirk Bride.

Tho. Quine,

 

Pat. Cowle,

Phill. Brew.

[106]

Maughold.

Conchan.

 

Gilchrist Callow.

Dan. Christian.

 

J. Kerruish.

Braddan.

 

Ro. Kerruish.

Jo. Kewley,

 

Santan.

Paul Gelling,

 

Nich. Moore,

Jo. Cannell.

 

William Kissage,

Runij.

 

Tho. Quay,

Nich. Killey,

 

Christo. Kinnish.

William Cubbon.

 

Michell.

Arbory.

 

Hen. Woods.

Jo. Harrison,

 

Lupi.

William Cubbon,

 

Hen. Wanewright,

Hen. Maddrell.

 

Edw. Shimmin

 

Note: The Reason why the full Body of the Twenty-four Keyes, and the four Men of each Parish, are not all incerted is, because their Meeting at Castle Rushen, the said 30th October 43, proved a very tempestuous Day of Raine and Wind, they could not conveniently travell without Hazard, &c.; and therefore the Names of them who happened to appear were only taken, as appears placed in the Original of the afforesaid Statutes.

At the Tinwald Court,

Holden at St. John's Chappell, in the parish of Kirk German, in the Isle of Man, the xxiiij Day of June, in the Year of our Lord 1615, before the Right Honourable JAMES Earle of Derby, Lord of the said Isle, John Greenehalgh, Esquire, Governor of the said Isle, with the rest of the Lord's Councell there, Ewan Christian, Esquire, and John Cannell, Gentlemen, Deemsters there, with the Representative Body of the said Countrey, viz. the xxiiij Keyes of the said Isle, whose Names are subscribed, it is Ordered, Enacted, and Ordained, as followeth:-

First, Whereas the said Right Honourable the Lord of the Island hath been graciously pleased to grant his Commission, bearing Date the xth Day of December, Anno 1643, to the said John Greenehalgh, Esquire, John Sharples, Comptroller, William Smith, Receiver, and John Cannell, Deemster of the said Isle, for setting and letting of all and every his Honour's Lands, Tenements, Intacks, Cottages, Mills, and Heredittaments whatsoever, to the Ten- [107] nants and Inhabitants of the said lsland, for the several Termes of three Lives, or xxj Yeares, as should be by them the said Commissioners and Tennants concluded and agreed upon; by Force whereof, and according to the Letter thereof, it might be concluded, that for and during the severall Termes soe agreed upon, every Tennant, Farmer, and Inhabitant of the said Island should have Power and Authority to give, grant, and assigne such Lands, Tenements, Milns, Cottages, lntacks, and Heredittaments, as he or they had so compounded for, unto what younger Child or Children, or any other Person or Persons whatsoever, which he or they should like best so to give, grant, or convey the same, which as to Lands and Tenements in the said Island called Farme Lands or Quarter Lands, and as to Milns, Cottages, and Intacks of Ease to such Farmes, is a Course contrary to the antient Custome and Order of this Island, and not usuall to be done: Now upon the humble Suit of the said xxiiij Keyes of the Island, the Representative Body of the Countrey as aforesaid, it is ordered, enacted, and ordained by the Approbation and Consent of his Lordship and Authoritv of this Court, That no Manner of Person or Persons whatsoever shall have Power or Authority, by virtue of any his Lordship's particular Grants made or to be made, or by any the Compositions or Agreements by any of them made or aggreed upon, or hereafter to be made or aggreed upon, with the Commissioners aforesaid to give, grant, or assign all, or any of his or their Lands, Tenements, Milns, Cottages, or Intacks, soe aggreed or to be aggreed for, but according to the antient and usuall Customary Lawes of the Island, viz.of Lands and Tenements called Farme Lands or Quarter Lands, and of Milns, Cottages, and Intacks of Ease to such Farme Lands or Quarter Lands, whereof the Tennant or Tennants now, by virtue of the said Commissions, have compounded for, or hereafter shall compound for, and whereof they, are or shall be possessed, interested, or estated by Descent or Title of Descent from his or their Ancestor or Ancestors, such Farme Lands and Quarter Lands, with the Milns, Cottages, and Intacks of Ease, to descend and come (after the Death or Decease of such Tennant or Tennants) unto his or their eldest Son, or for want thereof to his or their eldest Daughter, and in Default of such to the next of Kindred, and to no other Child or Children, Person or Persons whatsoever, except it be by Gift, Grant, or Assignment in case of Po- [108] verty, or for or upon some other just Cause or Reason, and the same made known, approved by, and consented unto by the Lord of the Island, or by his Lieutenant or Governor of the said Inland, and the Officers thereof, viz. by the Governor and Council of the said Island, and by the Deemsters of the said Island, or by any three or more of them, whereof the Lieutenant or Governor to be one; and that all Manner of Gifts, Grants, or Assignments made, or hereafter to be made, to the contrary, shall be utterly void and of noe Effect and the Party or Partys soe giving, granting, or conveying any of his or their Lands, Tenements, Milns, Cottages, or Intacks, contrary to this Act, to forfeit lxs. to the Lord of the Isle, to be levied upon his or their Goods or Chattels; or in Default of such, upon the Lands, Tenements, Milns, Cottages, or Intacks, so given,, granted, or assigned contrary to this Act.

Itm. Whereas by some particular Grants and Demises under his Lordship's Hand already made, sealed and delivered, it is provided and excepted, That for want of Pay ment of the Rents at the usuall Dayes of Payment, the Lands, Tenements, Heredittaments, soe granted, to be forfeited, &c. His Lordship, upon the humble Suit of the said Representative Body of the Countrey, is pleased that it be ordered and enacted, and be it now ordered, ordained, and enacted, That no Forfeiture shall be taken of any Lands, Tenements, Milns, Cottages or Intacks so granted or to be granted by his Lordship or his Heirs, for or upon the Case of Non-payment of Rents, but that his Lordship and his Heirs shall, according to the antient Custome of this Isle, by his Officers thereof comitt the Bodies, or take the Pawnes of such Person or Persons as shall be behind with their Rents; and for want of Goods to be had or found with such Party or Parties who are or shall be behind with their Rents, his Lordship and his Heires, by his or their Officer or Officers of this Island, to re-enter into and to take the Forfeiture of such Lands, Tenements, Milns, Cottages, or Intacks soe granted or to be granted as afforesaid.

Itm. Whereas by the antient Laws of this Island the Tennants and Inhabitants thereof are accustomed, and have been accustomed to do their Duties and Services to his Lordship and his noble Ancestors, at the building or repairing of any his Honour's Foarts or Houses in the Island, by the Service of themselves in Person, or by the Service of some sufficient and able Labourer in his or their Behalfe, [109] fitt for the Work in Hand; contrary to which Course many and diverse of the Farmers and Tennants of the better Sort usually sends Boys and Children to such Works; by Means whereof the Burthen lies upon the poor People, who are constrained to serve in their own Persons, and such Works are neglected, or not well performed, notwithstanding that they are for the Honour and Safety of the Countrey; it is now therefore ordered and enacted, That every Farmer, Tennant, and Inhabitant of this Island, soe neglecting to do such Duty or Dutys in his or their own proper Person or Persons, or in Default thereof, shall not faile to send some able and sufficient Labourer in his stead, he or they so offending shall for every Time forfeit and loose vjd. Fine to the Lord, upon the Presentment of the Officer or Officers that are or shall be put in Charge with such Works.

And forasmuch as many Pedlars do frequent this Island, and sell their Comodities in this Island without Approbation or Allowance of their Weights and Measures, to the great Annoyance of many of the ignorant People of this Land; be, it therefore enacted and ordained, That soe oft as it shall appear upon Complaint and due Proof that any such Pedlar or Pedlars shall sell or buy by any unlawfull Weights or Measures, he or they soe offending shall be fined and punished at the Discretion of the Governor and Government of the Island, and be forbidden or disallowed to make any Sayle, of any Comodities, or buy any Comodities in this Island.

And whereas upon due Consideration it is desired by the said Representative Body of the Island, the xxiiij Keyes, that there may be Measures for all Manner of Graine made after the Winchester Bushell, every Barrell to contain four Bushells, and Measures of lesser Soarts agreeable, and that every Man shall sell by the Strike, and not by the Upheape, be it enacted and ordained by his Lordship, and the Authority of this Court, That such Measures shall be made forthwith, and put into and kept in every Markett Towne of this Island; and the Comptroller, by himself or his Deputy, to try all such Measures as shall be broughht unto him, by and with the Measures soe to be made, and the same soe tried and approved of to seale with the Lord's Marke, and for his or his Deputys soe doing to have as it is provided and allowed by the Act made in Anno 1637. And noe Manner of Persons whatsoever to sell by any other Measure from and after the first Day of August next, upon [110] Paine, of lxs. Fine, as in and by the said Act of 1637 is provided.

And whereas by the Statute Book of this Island, Fol. 2, it is declared, That every one that occupieth any Parcell of Land in this Isle, (except Tennants Julaynes) shall pay the Value of that which he occupieth, without Quest of Setting or Farme taking: The which not being well understood by diverse of the Island, it is now declared by this Court, That the Meaning of the said Statute is, and that so from henceforth it shall he understood, that no Manner of Persons shall hold any of the Lord's Wast or Commons of this Land unrented; but that whosoever holdeth the same, and concealed it, unrented, he shall pay the Value thereof.

And whereas by the Statute Book, Fol. 4, the Wood Proves is used, &c., which is not understood by many of the Countrey; it is now declared by this Court, That the true Meaning thereof is, and so from henceforth shall bee taken to be, that the said Word Proves is meant Prowesse or Combate; the which by the same Statute, and by this Act also, is forbidden, except in Matters of the Lord's or Countrey's Defence.

And whereas by the Statute Book, Fol. 12, it is laid down, That whosoever pleadeth any Deceipt against the Lieutenant, he is a Traytor by our Law, &c. For the better Explination of the Meaning of that Point of the Statute, it is ordered and enacted by this present Court, and by the Authority thereof, that whosoever pretendeth or practiceth any Evill or Hurt to the Prejudice of the Lord, of the Governor or Government of the Island, he or they so doing, and being thereof lawfully convicted, Shall forfeit as, in case of Treason.

And whereas there are several Statutes concerning Transportation of Corne, Cattle, and other Comodities, which do not absolutely aggree one with another; now for the full Declaration of the Meaning of the said Statutes, and the true Use thereof, it is hereby ordered and enacted, That there shall be Transportation of all such Goods, when, and at such Time or Times as the same shall be thought fitt and agreed upon by the Governor and Councell of the Island; and to that End the Governor and Councell of the Island shall consult and advise once in every Week what is fitting to be lycenced for the Good of the Countrey, and the same to be accordingly lycensed by the Governor or Deputy for the Time being; and if there be Complainte made by the [111] Country for Restraint of such Comodities or of too much Lycence given thereof, then the Governor to call the xxiiij Keyes and Officers of the Island, and to consider of and determine what is or may be most fitt to be transported, always considering the general Good and Safety of the Island.

JAMES DERBY.

John Greenehalgh,

William Smith,

Ewan Christian,

John Cannell,

John Sharples,

William Christian,

Henry Callcott,

Tho. Norris,

Thomas Huddleston,

William Quayle,

John Curghey,

Robert Barry,

Rich. Stevenson,

Thomas Bancks,

Samuel Radcliffe,

William Crayne,

Phill. Moore,

John Caesar,

John Garrett,

John Moore,

John Christian,

Will. Stevenson,

John Teare,

Hen. Watterson,

John Key,

Will. Cloage.

David Christian,

 

To the Right Honourable JAMES Earle of Derby, Lord of Mann, and the Isles, &c.

The humble Petition of your Lordship's Servants, the Officers and twenty-four Keyes of the said Island,

Sheweth,

That foreasmuch as we have understood and heard of a foule Misdemeanor comitted lately in this Island by certain Men which came lately out of England, in that they did coyne and utter false Moneys called Ducketoons, to the Number of four at the least, and perhaps more of the same Kind, or of some other Stampe in base Mettle, as Pewter or such like; which foule and enormous Offence, as we have understood, is by the Lawes of all Nations a Case of High Treason . And whereas we find no particular or express Law in Writing amongst the Records of our Laws which punctually provides against such Offences, our Nation having been so happy hitherto as that not ever any such Offence or Misdemeanor was heard of or known to be comitted, perpetrated, or done in this Island; We humbly pray your Lordship, that for the Prevention of such like Inconveniences hereafter, it bee enacted and established for [112] Law by Your Lordship's Confirmation, That if any Person or Persons whatsoever shall hereafter falsifie, forge and counterfeit, clipp or diminish, any Kind of Current Coyne, or shall bring false Money into the Island counterfeit to such Current Money as aforesaid, knowing the same to be false or counterfeit, and do Merchandize or make Payment thereof, in deceipt of this our Countrey and People, and be thereof lawfully convicted according to the Course of Trials for Life and Death in this Island, all and every such Person or Persons soe offending shall be adjudged, deemed, and taken to be in Case of High Treason; and for the same shall forfeit Life, Lands, Tenements, Goods and Cattles, to the Lord of this Isle and his Heirs, as in the Cases of other Treasons they use to do by the Lawes of this Land.

John Greenehalgh,

William Smith,

Ewan Christian,

John Cannell,

John Sharples,

 

Thomas Huddleston,

Robert Barry,

Phill. Moore,

John Garrett,

Richard Stevenson,

William Standish,

Henry Callcott,

Robert Quayle,

Tho. Bancks,

Thomas Norris,

David Christian,

William Tyldesley,

John Teare,

William Quaile,

Sam. Radcliffe,

William Cloage,

William Crayne,

William Stevenson,

Hen. Watterson,

John Curghey,

John Caesar,

John Christian.

March 10th, 1646.

I do approve of the Petitioners Request, and confirm the same as an Act, to be published for a Law at the next Tinwald.

JAMES DERBY.

A true Copy of an Act,

Made and published at the Court of Tinwald the xxiiijth of June 1647, confirmed by the Right Honourable the Lord of the Isle, with the Consent of the Officers and xxiiij Keyes of the said Isle, as appears upon Record in the Exchequer Book for the afforesaid Year.

Whereas there was an antient Law or Order made in Anno Domini 1593, that all such as had Claimes to make, or Titles to pretend to any Lands, Tenements, Houses, or [113] Grounds within this Isle, and did not exhibitt his or their Bill in Writing for the same before the Lord of this Isle, his Lieutennant or Captaine, or other principall Officers of this Isle, within the Space of twenty-one Yeares next after he or his Ancestors had been dis-possessed thereof, that then he or his Successors claiming after him to be utterly excluded and barred from making any Title thereunto for ever after: Now the officers and twenty-four Keyes of this Isle do humbly pray the Right Honourable James Earle of Derby, Lord of this Isle, his Honour being at this present in Court, that, notwithstanding a second and contrary Act or Order made in this Case in Anno 1637, the said Act nevertheless of 1593 may be this Day confirmed and established by his Lordship, and the same proclaimed now immediately upon the Tinwald Hill, and the Act of 1637 in that Case to be revocated.

It is enacted, confirmed, and published for Law, as in the Exchequer Book for the Year 1601, more at large appeareth, That whosoever shall accuse or speak any scandalous Speeches against any Chief Officer of this Isle, Spiritual or Temporal, or any of the xxiiij Keyes, touching either their Oathes, or the State and Government, or any other scandalous Speeches which might tend to the Defamation of their Offices and Places, and be not able to prove it, shall be fined for every Time soe offending in Tenn Pounds, and their Ears to be cut off for Punishment besides.

It is approved of, confirmed and published at the Tinwald Court holden the xxiiijth of June, 1649, as in the Exchequer Book for that Yeare appeareth, That all oppressive Contracts for Loane of Money, either in Money or by Mortgage, or by Wares or Commodities, or in any other Wayes whatsoever, above the Rate of Ten Pounds in the Hundred Pounds, shall be rectifyed and punished by the Court of Chancery in this Isle, as well by the fining and punishing of all such Extortions and oppressive Contracts for Loane of Money, or otherwise, as aforesaid, as also for the relieving of the Party or Parties that is or shall be oppressed, as already hath been punished and proceeded in the said Court, as that Court shall think fit and reasonable according to the Nature and Condicion of the Fact and Oppression committed or done.

[114] At the Court of Tinwald,

Holden at St. John's Chappell within the Parish of Kirk German, in the Isle of Mann, the 24th of June, 1661, before Richard Stevenson, Esquire, Deputy Governor of the Isle, the Deemsters, Officers, and 24 Keyes, the Representative Body of the said Island:

Certain necessary Orders enacted and published at the said Court, for the better Observance thereof, as followeth:

First, Whereas by a certain Statute enacted Anno 1637, all Manner of Debts without Specially to be sued and acconed for within the Space of three Yeares, and not recoverable afterwards: And forasmuch as that Member of the said Statute is dissonant with the Manner and Custome of dealing in this Isle, touching Debts grounded upon lending, dealing betwixt Neighbours for Comodities or Contracts of any Nature without Speciallty, and which redound to great Damage and Prejudice to many of the Inhabitants, if the same should continue of Force according to the Letter thereof; therefore it is published, That no Manner of Person or Persons shall have any Benefitt by that Member of the said Statute upon any Accon or Suite, touching Debts and Demands without Spetiallty, as therein and thereby is expressed and mentioned, until the Right Honourable the Lord of the Isle be acquainted therewith, to give his Honour's Consent for the repealing of the same, as there shall be just Cause for it.

Itm. Forasmuch as touching the Payment of Corbes in this Isle, there is a Customary Law, and also an enacted Statute made in 1629, contradictory one to the other, which occasions sometimes Differences in Point of Law, and also between Party and Party; therefore it is this Day published, That the Customary Law afforesaid shall cease, and no Execution to be given according to that Practice; and that the said Statute of 1629 touching Corbes shall stand of Force and Effect, and that accordingly Execution shall be granted; and this to continue untill further Order or Act be made and declared herein.

Itm. It is ordered and declared, That no Manner of Person or Persons shall presume to go to the Mountains or Commons of this Isle after the Hour of Five of the Clock in the Afternoon, or before Day in the Morning, for the carrying of any Turff or Ling; for that Complaint hath been [115] made, that some Persons do frequent that Course, and espetially upon Dayes of haddy or dark Mist, and do purloyne and carry away Neighbours Turff and Ling at such unreasonable Times; wherein if any do offend for the future, they shall be severely fined and punished, as by the Court shall be thought fitt.

Itm. For the Prevention of the frequent Complaints touching Batteries and passionate Words provokeing the same, it is likewise ordered and declared, That as often as any such Complaints shall hereafter be made, and the Party accused will be evicted by lawfull Proof, by apparent Wounds, Bloodshed, or Confession, such Persons, for their violent Stroakes, Batterie, unhumane and evill Usage, shall (besides Punishment and Charges of Cure) be fined in xs. to the Lord's Use for every Time offending in that Nature; and such Persons as shall be accused, and Proofe had against them as before for upbraiding and provoking Language and invetterate Speeches, causeing, or that might cause such Battery, wounding, or violent Stroakes or Usage, to be fined also in xiijs. iiijd. to the Lord's Use, besides Imprisonment.

Rich. Stevenson,

Tho. Norris,

John Christian,

Richard Callcott,

Richard Tyldeslay,

Hugh Cannell.

Ed. Christian,

Jo. Garrett,

Ew. Curphey,

Jo. Standish,

Sam. Radcliff,

Jon. Lace,

Ro. Quayle,

John Norris,

William Quayle,

Tho. Radcliff,

Tho. Bancks,

William Gawne,

John Teare,

Tho. Fletcher,

John Cain,

William Curlett,

Robert Stevenson,

Cha. Stanley,

Tho. Moore,

James Moore.

 


 

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